REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP 5/23-24 Editor’s Notes: These lawsuits from the SEC, the Class Action lawyers etc., are already producing fall-out — dozens of articles and production of secret emails etc. that can only help your case. Follow them closely as they will inevitably lead to admissible evidence of what you […]

Tags: Abacus, accounting bookkeping, Alan Bromberg, Angelo Mozilo, Bank of America, CDO, collateralized debt obligation, correspondence, countrywide, discovery, distribution reports, E. Scott Reckard, emails, Goldman Sachs, HERS, ledgers, Los Angeles Times, Merrill Lynch, Motion Practice, Nowicki, Ponzi scheme, press releases, Prospectus, Rababank, ratings, Robert Khuzami, SEC, securitization documentation
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REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 Editor’s Note: As these hearings progress, you will see more and more admissible evidence and more clues to what you should be asking for  in discovery. You are getting enhanced credibility from these government inquiries and the results are already coming out as you can […]

Tags: admissible evidence, appraisals, Carl Levin, collateralized debt obligations, corrupt, credibility, David A. Skeel, discovery, enhanced credibility, HERS, inflation of the appraisals, loan product, market forces, Moody's Investors Service, Motion Practice, pattern of illegal conduct, rating agencies, rating system, Rating=Appraisal, reasonably relied, Securities and Exchange Commission, SEWELL CHAN, Standard & Poor's, Stockholm syndrome, University of Pennsylvania
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Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, […]

Tags: affidavit, AMIR EFRATI, Anthony Rondolino, assignment of mortgage, David Stern law firm, disclosure, Fla., Florida, foreclosure defense, Forrest McSurdy, fraud, fraud upon the court, GMAC Mortgage LLC, Harpster, HERS, Judge Lynn Tepper, Law Offices of David J. Stern, Lender Liability, securitization, St. Petersburg, Steve Dale, trustee, U.S. Bank, Wall Street Journal, Wells Fargo
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see Magnetar%20Mortage%20Recovery%20Backstop%20Whitepaper%20Jun09.pdf Magnetar Mortage Recovery Backstop Whitepaper Jun09 Two things jump out at me with this paper from June, 2009. First it is obvious that the “real money” investors are defined as those seeking low risk and willing to take lower yield. The fact that they are called “Real Money Investors” underscores my point about […]

Tags: "true" fair market value, borrower, creditor, DEBTOR, fair market value, HERS, identity of the creditor, infrastructure, Investor, Magnetar, Moral Hazard, mortgage backed securities, mortgage modification, principal reduction, real money, real money investors, REAL PARTY IN INTEREST, recovery, risk, status quo, whitepaper, yield
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Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk […]

Tags: Appraisal, credit default swaps, false assumption, false rating, false value, Federal Bailout, foreclosure, homeowners, illegal fees, insurance, interest rate reduction, Larry Summers, loan product was viable, modification, Obama administration, principal reduction, release, servicers, temporary modification called a "trial", Tim Geithner
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class_action_against_boa1_kahlo HAMP Editor’s Note: Excellent Pleading on HAMP, TARP and related matters. They also bring up unjust enrichment which might also be applicable to the receipt and non-disclosure of third party payments. Good facts on illicit “modification” practices and the reasons why the modifications usually don’t become permanent. KAMIE KAHLO and DANIEL KAHLO, on behalf […]

Tags: Ari Y. Brown, BAC, BAC HOME LOANS SERVICING, Bank of America, BOA, BofA, class action, cOMPLAINT, FORM, HAGENS BERMAN SOBOL SHAPIRO LLP, HAMP, HERS, Kahlo, Steve W. Berman, TARP, UNJUST ENRICHMENT, WASHINGTON
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From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know […]

Tags: assignment, Aurora, Bellistri, Bellistri v Ocwen Loan Servicing, beneficiary, BNC, Case Decisions, DEED OF TRUST, derivative mortgage-backed securities, HERS, HOLDER, jurisdiction, Lehman, MERS, Mo App.20100309, Mortgage Electronic Registration System (MERS), note, Ocwen Loan Servicing, Phillip Gebhardt, quiet title, REAL PARTY IN INTEREST, splitting note and mortgage, standing
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Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so […]

Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
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REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. ” There should be no doubt in your mind now that virtually […]

Tags: accounting, allocation of payments, and advances, Bank of America, CALIFORNIA, creditor, delinquency status, discovery, foreclosure suit, foreclosures, Goldman Sachs, Hagens Berman Sobol Shapiro, INVESTORS TAKE NOTE, Notice of Default, Notice of Sale, Obligation, payments, pool, principal reduction, profits, sale to investors, SEC, SPV pools, Steve Berman, TARP, TARP regulations, third party payments, undisclosed fees
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Editor’s Note: This is the securities equivalent of MERS or HERS. SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984] Adoption of Updated EDGAR Filer Manual AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, […]

Tags: (202) 551-3600, (202) 551-5352, (202) 551-8800, [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984, 17 CFR Part 232, Adoption of Updated EDGAR Filer Manual, Analysis, and Retrieval System (EDGAR), Assistant Director of the Office of Interactive Disclosure, at (202) 551-6989, Cecile Peters, Chief, Code of Federal Regulations, Division of Investment Management, EDGAR Filer Manual, EDGAR Release 9.17, EDGARLink Submission Template 3, Electronic Data Gathering, HERS, Investment Companies Act, Jeffrey Naumann, MERS, Office of Information Technology, Office of Legal and Disclosure, Regulatory Flexibility Act, Rick Heroux, Ruth Armfield Sanders, Securities and Exchange Commission, Senior Special Counsel, XBRL/Interactive Data tagging
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